Arcamm Electrical Services Ltd. sued Avison Young Real Estate Management Services LP and 4342 Queen St. Niagara Holdings Inc. for unpaid invoices related to electrical work, leading to a construction lien against the property.
The Superior Court granted Arcamm summary judgment, which Queen St. Niagara Holdings Inc. appealed.
Arcamm sought to quash the appeal, arguing it should be heard by the Divisional Court under the Construction Act. However, the Court of Appeal maintained jurisdiction, emphasizing that the judgment was based on a non-statutory claim in contract.
Key Points:
The dispute centered on whether the appeal route lay with the Divisional Court or the Court of Appeal, given the proceedings originated under the Construction Act.
The Court of Appeal found it had jurisdiction as the summary judgment was granted under Rule 20 of the Rules of Civil Procedure, not under the Construction Act, and the claim was contractual.
Outcome:
The motion to quash the appeal was dismissed, with the Court of Appeal confirming its jurisdiction over the case, underscoring the contractual basis of the judgment. Queen St. Niagara Holdings Inc. was awarded $18,000 in costs.
